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JESUS G. SANTOS v. CA

This case has been cited 1 times or more.

2012-08-22
PEREZ, J.
As between the claim of non-receipt of notices of registered mail by a party and the assertion of an official whose duty is to send notices, which assertion is fortified by the presumption that the official duty has been regularly performed, the choice is not difficult to make.[35] As shown in the records, the postmaster included in his certification the manner, date and the recipient of the delivery, a criterion for the proper service of judgment which this Court enunciated in Santos v. Court of Appeals, viz: Clearly then, proof should always be available to the post office not only of whether or not the notices of registered mail have been reported delivered by the letter carrier but also of how or to whom and when such delivery has been made. Consequently, it cannot be too much to expect that when the post office makes a certification regarding delivery of registered mail, such certification should include the data not only as to whether or not the corresponding notices were issued or sent but also as to how, when and to whom the delivery thereof was made.[36]